HF 1750

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to state government; including the 
  1.3             legislature in the public employment labor relations 
  1.4             act; amending Minnesota Statutes 1994, section 
  1.5             179A.03, subdivision 15; proposing coding for new law 
  1.6             in Minnesota Statutes, chapter 3. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [3.3051] [LABOR NEGOTIATOR.] 
  1.9      The legislative coordinating commission shall designate a 
  1.10  labor negotiator to act as employer for the legislature under 
  1.11  chapter 179A. 
  1.12     Sec. 2.  Minnesota Statutes 1994, section 179A.03, 
  1.13  subdivision 15, is amended to read: 
  1.14     Subd. 15.  [PUBLIC EMPLOYER.] "Public employer" or 
  1.15  "employer" means:  
  1.16     (a) the state of Minnesota for employees of the state not 
  1.17  otherwise provided for in this subdivision or section 179A.10 
  1.18  for executive branch employees; 
  1.19     (b) the board of regents of the University of Minnesota for 
  1.20  its employees; and 
  1.21     (c) notwithstanding any other law to the contrary, the 
  1.22  governing body of a political subdivision or its agency or 
  1.23  instrumentality which has final budgetary approval authority for 
  1.24  its employees.  However, the views of elected appointing 
  1.25  authorities who have standing to initiate interest arbitration, 
  1.26  and who are responsible for the selection, direction, 
  2.1   discipline, and discharge of individual employees shall be 
  2.2   considered by the employer in the course of the discharge of 
  2.3   rights and duties under sections 179A.01 to 179A.25; and 
  2.4      (d) the labor negotiator designated under section 3.3051 
  2.5   for employees of the legislature.  
  2.6      When two or more units of government subject to sections 
  2.7   179A.01 to 179A.25 undertake a project or form a new agency 
  2.8   under law authorizing common or joint action, the employer is 
  2.9   the governing person or board of the created agency.  The 
  2.10  governing official or body of the cooperating governmental units 
  2.11  shall be bound by an agreement entered into by the created 
  2.12  agency according to sections 179A.01 to 179A.25. 
  2.13     "Public employer" or "employer" does not include a 
  2.14  "charitable hospital" as defined in section 179.35, subdivision 
  2.15  2.  
  2.16     Nothing in this subdivision diminishes the authority 
  2.17  granted pursuant to law to an appointing authority with respect 
  2.18  to the selection, direction, discipline, or discharge of an 
  2.19  individual employee if this action is consistent with general 
  2.20  procedures and standards relating to selection, direction, 
  2.21  discipline, or discharge which are the subject of an agreement 
  2.22  entered into under sections 179A.01 to 179A.25.